FREE LAND PRIVATIZATION (PART 1)

 Although the Constitution of Ukraine and the Land Code guarantee everyone the right to own land through free privatization, in reality in modern Ukrainian realities without professional representation of the interests of a person wishing to obtain land, both in state bodies and in court, to obtain land practically impossible. Consider the main points that need to be emphasized.

What land can be privatized and where to go?

 The Land Code defines the intended use of land and the size of land that can be obtained in private ownership free of charge. Thus, in particular, each person has the right to free transfer of land in the following amounts:

• for the implementation of farming - in the amount of land share (share);
• for personal farming - not more than 2.0 hectares;
• for horticulture - not more than 0.12 hectares;
• for the construction and maintenance of a residential building in villages, towns, cities - not more than 0.10 hectares;
• for individual country house construction - no more than 0.10 hectares;
• for the construction of individual garages - not more than 0.01 ha.

  It should be noted that the right to receive land free of charge can be used by a citizen for each of the above types of intended use.

 Clients often ask us: "Can a person privatize a plot of land that is not at their place of residence or registration?"

 The current legislation does not in any way link the place of registration, residence or stay of a citizen to the land plot, which the latter wishes to receive free of charge.

Where should I go?

 If the land is located within the settlement, it is necessary to apply to the local (rural settlement, city) council.

 In the case when the land is located outside the settlement, to obtain a land plot for farming, personal farming, for gardening it is necessary to apply to the Main Department of the State Geocadastre in the region.

 If the land is located outside the settlement, it is necessary to apply to the district state administration to obtain land plots of all other types of intended use.

What are the stages of free land privatization?

 The procedure of free privatization of land can be divided into the following steps:

• you need to find the approximate location of the land you want to own;
• it is necessary to draw up and submit to the land manager a request for permission to develop a land management project for the allocation of land ownership;
• obtaining from the subject disposing of the lands the corresponding permission and the order in the land management organization of development of the project of land management;
• it is necessary to approve the land management project;
• to approve the land management project for the allotment of the land plot and the transfer of the latter to private ownership;
• registration of ownership of land.

 A common question that arises during the free privatization of land: "Is it possible to privatize the existing land?"

 The current norms provide for the possibility of free privatization of both the newly formed land plot by withdrawal from the land mass, and the formed land plot. It is possible to own the formed land plot free of charge, if its size does not exceed the norms of free privatization. In this case, you should immediately apply for the transfer of such land to the ownership of the citizen. If you want to obtain a formed land plot, the size of which exceeds the legal norms of free privatization, then you need to apply to the land manager for permission to develop technical documentation on land management for the division of land.

How can leased land be privatized?

 To obtain land through free privatization, which is leased to others, it is necessary to obtain the written consent of the tenant. Written consent is required in order to attach it to the relevant application, as non-attachment of such consent is an independent ground for refusing to satisfy the above application.

 How to file and apply, what may be the reasons for refusal, what to do when there is no decision to grant a permit, where and how to develop a land management project, who approves and approves the project, how to register land ownership and other issues we consider next time. At each stage there are nuances that you need to know. In almost 100% of cases, if your interests are not effectively represented in government agencies and courts, you will be denied either at the stage of granting permission to develop a land management project, or at the stage of approval of this project.